Patna High CourtCR. MISC./23216/2024allowed

Deepu Kumar @ Deepu Sahni v. The State Of Bihar

2024-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23216 of 2024 In CRIMINAL APPEAL (SJ) No.1435 of 2022 Arising Out of PS. Case No.-444 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== 1.

Deepu Kumar @ Deepu Sahni Son Of Suresh Sahni Resident Of Village - Manpura, Police Station - Vaishali (BELSAR O.P.), District - Vaishali 2.

Lakhindra Kumar @ Lakhindra Sahni Son Of Suresh Sahni Resident Of Village - Manpura, Police Station - Vaishali (BELSAR O.P.), District - Vaishali 3.

Soni Kumari Wife Of Lakhindra Kumar Resident Of Village - Manpura, Police Station - Vaishali (BELSAR O.P.), District - Vaishali 4.

Geeta Devi Wife Of Suresh Sahni Resident Of Village - Manpura, Police Station - Vaishali (BELSAR O.P.), District - Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The present restoration application has been filed for restoration of Cr. Appeal (SJ) No. 1435 of 2022, which stood dismissed due to non-compliance of peremptory order dated 02.08.2023. By the said order, two weeks time was allowed to file requisites of notice on respondent no. 2.

3. Learned counsel for the petitioners submits that due to inadvertence, the requisites etc. could not be filed on time,

Patna High Court CR. MISC. No.23216 of 2024(2) dt.20-03-2024 2/2 but same has been filed after a delay of one day i.e. on 17.08.2023. This statement has been made in paragraph - 6 of the present petition.

4. Considering the aforesaid facts and circumstances, this restoration petition is allowed.

5. Let Cr. Appeal (SJ) No. 1435 of 2022 be restored to its original file.

6. Office shall verify the same and proceed further. (Prabhat Kumar Singh, J) anay/- U T